Organic Law For The Defense Of Labor Rights

Original Language Title: Ley Orgánica para la Defensa de los Derechos Laborales

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That, under Article 34 of the Constitution of the Republic, the right to social security is an inalienable right of all persons with primary duty and responsibility of the State; That, as have the numbers 1 and 3 of Article 37 of the Constitution of the Republic, the State shall guarantee to the elderly, among other rights, free and specialized health care and free access to medicines, and universal retirement; Which, by order of Articles 367 and 368 of the Constitution of the Republic, the social security system is public and universal, it can not be privatized and must meet the contingent needs of the population, for which the State will regulate, regulate and control activities related to social security; That, in accordance with number 2 of Article 285 of the Constitution of the Republic, tax policy promote redistribution and boost employment; That, under Article 33 of the Constitution of the Republic work is a right and a social duty, and an economic right, a source of personal fulfillment and base of the economy, to which the State must guarantee working people the full respect, inter alia, dignity, decent living wages and fair remuneration; That, as provided by Article 104 of the Labour Code, for the determination of annual profits of the respective companies, statements or statements that are made for the purpose of payment of income tax will be taken as a basis; That, although there is attribution to impose sanctions in case of non-payment of utilities, as provided in Article 107 of the Labour Code, and the authority to consider the related companies as one, as indicated in Article 103 of the same code, could not avoid the breach of the obligation referred to above by the existence of figureheads; That employers also tend to break with their tax obligations and thus disturb the determination of the profits of workers;

That the Ecuadorian Institute of Social Security is not able to collect the outstanding payment values ​​as there are cases where employers tend to conceal their assets and income for defaulting on payment of utilities;

That, as a result of the foregoing, the unreal statement prevents employers collecting what belongs to workers, by way of profits; That there are cases that even when workers are able to obtain favorable resolutions of justice, can properly execute such decisions, to receive what they are owed; That, in this area, by delegation of labor law, the cooperation of the tax collection agency is necessary to know the basis on which workers can claim their profits; It is necessary to establish the mechanisms through which the state can enforce the liability of employers, exceeding the measures taken by them to evade their responsibilities; That Article 178 of the Tax Code provides that the exclusive third party suspends compulsory process; That must be prevented stay of execution, in the case of evasion of employers' obligations; That Article 269 of the Labour Code stipulates that domestic workers are entitled to one day off every two weeks of service; That such an arrangement is anachronistic, it establishes an unjustified inequality and violates the rights of domestic workers; That Article 155 of the Labour Code establishes the obligation to have a nursery, in the case of those companies with 50 workers or more; That in this article is provided as an exception to the above, the possibility that the day of working mothers to 6 hours a day is reduced during the 9 months after delivery, when companies do not have the nursery, it that protects, only in this case, your right to breastfeed; That this exception is unfair, because mothers who work in places where they do not have child care, only receive a special benefit for 9 months, in defense of his right to breastfeed, but without regard to their right to access child care; That in the first case, in which companies have the infrastructure, mothers benefit from nurseries, but in the opposite case, a special day, which protects the right to breastfeed is fixed; That, in this context, the above provision should be clarified in order to accurately established, rights of breastfeeding and access to child care, for the benefit of all mothers;

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That the two rights should be granted concurrently under the conditions fixed by law; That on May 7, 2011, citizens voted in favor of the prohibition of business dedicated to gambling; That, in such a situation, these businesses found themselves forced to conclude its operations; That the owners of such businesses have not fulfilled their labor obligations, which has left many workers without paying their corresponding payments of salaries and compensation; That is necessary for this unique occasion and exceptionally, I prior seizure of goods and initiation of proceedings for foreclosures, the State to pay the values ​​corresponding to the workers in this sector, in view of the special circumstances that motivated the close of business; That the State shall pursue reimbursement of the amount paid at the failure of employers; and, In exercise of the powers conferred by Section 6 of Article 120 of the Constitution of the Republic, issues the following:


Article 1. The state institutions which by law have compulsory jurisdiction, in order to enforce the payment of its debts, may alternatively exert their action not only against the principal, but against all required by law, including their elderly heirs of age who have not accepted the inheritance with benefit of inventory. In the case of legal persons used to defraud (abuse of legal personality), you can reach the ultimate level of ownership, which always falls on individuals who respond with all its assets, whether or not resident or domiciled in Ecuador . The precautionary measures may be available against the persons mentioned in the preceding paragraph and property. Likewise, they may, reasoned, ordered in respect of goods being on behalf of third parties there are indications that are public knowledge owned by the aforementioned subjects, which should be included in the process and provided the principal does not fulfill its obligation . Equal attribution authorities will work or labor judges to enforce judgments within the collective or individual labor disputes, in that order. Article 2. Add in Article 178 of the Tax Code, a second paragraph with the following:

"In the case concerned the seizure of assets, in use of the powers referred to in Article 1 of the Law for the Defense of Labor Rights to the exclusive third party shall not suspend the execution, but from . that the Tax Disputes Tribunal so orders, if there is sufficient evidence of the illegitimacy of the embargo "

Article 3. in Article 104 of the Labour Code, add the following paragraph:

"in all the processes that follow the Internal Revenue Service, which commenced for the collection of taxes, shall be notified to the relevant authorities working with the determination of profits, information that will serve as the basis for administrative and / or judicial decisions, which made back in those authorities. "

Article 4. Replace the third paragraph of Article 155 of the Labour Code, by the following:

"During the twelve (12) months following the birth, the day of the nursing mother last six (6) hours, in accordance with the need of the beneficiary."

Article 5. repeal section 269 of the Labour Code. Article 6. Add the following numbered article after Article 268 of the Labour Code:

"Art. ... .- Employees and domestic workers are guaranteed the same benefits as any other worker in general, having their working hours and rest be five days a week that is forty hours hebdomadarias and Saturdays and Sundays are rest. If because of the circumstances, is unable to interrupt work on such days, the same time appoint another week to rest, by agreement between employer and employees. "

Article 7. Add a numbered article after Article 36 of the Civil Code, to read as follows:

"Art. ... .- Constitutes abuse of the right when its holder exceeds manifestly unreasonably and its limits, in such a way that perverted or diverted deliberately and voluntarily, the purpose of the law. "

GENERAL PROVISION The Ecuadorian State, exercise the right of recourse in accordance with Art. 11 of the Constitution of the Republic. TRANSITIONAL PROVISIONS: FIRST.- The Ecuadorian State, through the Ministry of Labour Relations, and with powers

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Granted by this Act, shall initiate the corresponding coercive lawsuits for a maximum period of 60 days, proceed to the seizure of the assets of the obligated companies and individuals linked to employers casinos and other rooms of game. He immediately begin the process of closing. This done, the Ecuadorian State, through the Ministry of Labour Relations exceptionally, and for this unique occasion, after a report summary, with liquidation and resolution made by the respective Regional Director of Labour of the relevant jurisdiction, shall pay the compensation to which they are obliged employers casinos and other gambling halls, on behalf of their respective employees, on the occasion of the completion of their activities, under the provision of the popular mandate of May 7, 2011, by the businesses dedicated to gambling was banned. Once the payment made to each worker, the Ministry of Labour Relations subrogated to the rights as a creditor of the obligations canceled workers and continue with the coercive lawsuits filed to collect the amounts paid to workers taking to the effect, the powers set forth in Article 1 of this Act TWO. for this one-time employers who have not affiliate their workers dependency ratio in the last three (3) years and employment today is not maintained, no They will be subject to sanctions and may recruit them extemporaneously to IESS, within six (6) months from the issuance of this law, paying the corresponding values ​​of employer contribution and employee, plus interest equivalent to the conventional maximum allowed by the Central Bank of Ecuador, to the settlement date of default, without penalty fines, additional increases or any nature, without prejudice to the employer's liability damages arising.

For calculations relevant to health insurance and occupational risk percentages were exempted.

The IESS may grant terms, according to the resolution for the case issued by the Board of IESS, for payment of the total debt calculated as indicated in this transitional provision. The value of the corresponding principal due will be added to funding, applying the same rates than unsecured loans.

This provision shall also apply to all employers against which the IESS has issued debt securities and have not yet been canceled, in order to proceed with your payment. This provision shall not apply, when they are pending lawsuits in which the employment relationship, unless previously the withdrawal or acquiescence in such judgments is authorized is discussed. REFORMATORY LAYOUT: FIRST.- Add a third paragraph in Article 94 of the Law on Social Security, with the following:

"This provision shall be without prejudice to what is stated in the first paragraph of Article 96."

Done and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha province, for thirty-one days of July two thousand and twelve. President Fernando Cordero Cueva DR. SEGOVIA ANDREW S. Secretary General

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